Luis Lopez complaint

1. ~;~~Cas 3~ ~ K. 1K Document1 Filed 12/24/13 F ~ 1 of 16 PagelD #:1
MYLES S.BREWER 4364
LANIA.NAKAMURA 9306
Attorney at Law,Inc.,ALC
841 Bishop Street,Suite 2115
Honolulu,Hawaii 96813
Telephone:(808)526-3426
UNlTHDS7ATE~DT~~GTCa~~T
DIST~2ICT OF HAWgf!
DEC 24 ~f11
~~'dock and sZ}nin.~'~~'
~u~sEirt~,c«~K
Attorneys for Plaintiffs
Christina M.Walser Lopez,
Individually and as the
Personal Representative of
the Estate ofLuis J. Lopez
and as the Guardian ofJasmine
M.Walser Lopez and Luis J.Lopez,III,
Drucila Dedrick and Richard Dedrick
IN THE UNITED STATES DISTRICT COURT
FORTHEDISTRICT OF HAWAII
CHRISTINA M.WALSER LOPEZ, )
Individually and as the Personal )
Representative ofthe Estate of LUIS}
J.LOPEZ,and as the Guardian )
ofJASMINE MARIA WALSER )
LOPEZAND LUIS J.LOPEZ,III, )
DRUCILA DEDRICK,AND )
RICHARD DEDRICK, )
Plaintiffs, )
vs. )
EDWARD IONA;ZACARY )
PLEVEL;MORGAN HILL;SHERI )
NAKASONE;LOUIS M. )
,~
3
CIVIL~(~~
COMPLAINTFOR DAMAGES;
DEMAND FOR JURYTRIAL;
SUMMONS
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2. Case 1:13-cv-00711-LEh_ ,,VIK Document1 Filed 12/24/13 r ~e 2of 16 PagelD #:2
KEALOHA;CITYANDCOUNTY
OF HONOLULU;JOHN OR JANE
DOES 1-25;AND DOEENTITIES
1-25,
Defendants. )
COMPLAINTFOR DAMAGES
Plaintiffs Christina M.Walser Lopez,Individually and as the Personal
Representative ofthe Estate ofLuis J. Lopez,and as the Guardian ofJasmine M.
Walser Lopez and Luis J. Lopez,III,Drucila Dedrick,and Richard Dedrick
(hereinafter"Plaintiffs"),by and through their undersigned attorneys,allege as
follows:
1. This is an action for damages arising from Defendants'
excessive use offorce and/or exposure ofLuis J.Lopezto conditions that
amounted to severe punishmentresulting in his death under color ofstatutes,
ordinances,rules,regulations,customs,policies,practices,and/or usages which
deprived him ofrights,privileges,and immunities secured under the Fourth and
Fourteenth Amendments to the Constitution ofthe United States,inter alia,42
U.S.C.§ 1983,et sec.,, and Article I,§§ 2,5,6,7,12,and 14 ofthe Hawaii State
Constitution,inter alia. PlaintiffChristina M.Walser Lopez also brings statelaw
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3. Case 1:13-cv-00711-LEh. .~VIK Document 1 Filed 12/24/13 E ~e 3of 16 PagelD #:3
claims on behalfofherselfand her minor children,and Plaintiffs Drucila and
Richard Dedrick bring claims on their own behalf.
Jurisdiction and Venue
2. This Courtis vested withjurisdiction over this matter pursuant
to42U.S.C.§ 1983 and 28 U.S.C.§§ 1331 and 1343,inter alia. Any and all state
law claims contained herein form part ofthe same case or controversy as gives rise
to Plaintiffs federallaw claims and therefore fall within the Court's supplemental
jurisdiction pursuantto 28 U.S.C.§ 1367.
3. Venue resides in the United States District Courtfor the District
ofHawaii pursuantto 28 U.S.C.§ 1391,as all,or a substantial part,ofthe acts
and/or omissions that are the basis for this lawsuit occurred in the State ofHawaii
within the District ofHawaii,and all ofthe Defendants reside in the State of
Hawaii.
Parties
4. PlaintiffChristina M.Walser Lopez was a citizen and resident
ofthe State ofHawaii as ofJanuary 7,2012.
5. Luis J.Lopez(hereinafter"Mr.Lopez")died on January7,
2012. PlaintiffChristina M.Walser Lopez was Mr.Lopez's wife at the time ofhis
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4. Case 1:13-cv-00711-LEh. ,,vIK Document1 Filed 12/24/13 r ~e 4 of 16 PagelD #:4
death and is presently the duly appointed Personal Representative ofMr.Lopez's
Estate.
6. PlaintiffChristina M.Walser Lopez and Mr.Lopez havetwo
minor children together,Jasmine M.Walser Lopez and Luis J. Lopez,III. Plaintiff
Christina M.Walser Lopezisthe Guardian ofthese two children.
7. PlaintiffDrucila Dedrick was Luis J.Lopez's mother and a
citizen and resident ofFlorida at all times pertinent hereto.
8. PlaintiffRichard Dedrick was Luis J.Lopez's stepfather who
raised Mr.Lopez along with his mother,and a citizen and resident ofFlorida at all
times pertinent hereto.
9. Plaintiffs are informed and believe and do thereupon allege that
Defendant Edward Iona was a citizen and resident ofthe State ofHawaii and an
officer with the Honolulu Police Department at all times pertinent hereto.
DefendantIona initially arrested Mr.Lopez on the morning ofJanuary 7,2012,and
is sued herein in his individual and official capacities.
10. Plaintiffs are informed and believe and do thereupon allege that
Defendant ZacharyPlevel was a citizen and resident ofthe State ofHawaii and an
officer with the Honolulu Police Department at all times pertinent hereto.
DefendantPleveltransported Mr.Lopezto the Wahiawa Police Station and

5. Case 1:13-cv-00711-LEh ,MK Document 1 Filed 12/24/13 r ~e 5 of 16 PagelD #:5
Wahiawa General Hospital on the morning ofJanuary 7,2012,and is sued herein
in his individual and official capacities.
11. Plaintiffs are informed and believe and do thereupon allege that
Defendant Morgan Hill was a citizen and resident ofthe State ofHawaii and an
officer with the Honolulu Police Department at all times pertinent hereto.
Defendant Hill was working at the Wahiawa Police Station on the morning of
January 7,2012,and is sued herein in his individual and official capacities.
12. Plaintiffs are informed and believe and do thereupon allege that
Defendant Sheri Nakasone was a citizen and resident ofthe State ofHawaii and an
officer with the Honolulu Police Department at alltimes pertinent hereto.
DefendantNakasone was working at the WahiawaPolice Station on the morning of
January7,2012,and is sued herein in herindividual and official capacities.
13. Defendant Louis M.Kealoha is and has been a resident ofthe
State ofHawaii and the Chiefofthe Honolulu Police Department at all times
pertinent hereto. DefendantKealoha is sued herein in his individual and official
capacities.
14. DefendantKealohais responsible for the instruction,training,
and supervision ofthe Honolulu Police Department's members.
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15. Defendant City and County ofHonolulu is and has been a duly
organized municipal corporation ofthe State ofHawaii at all times pertinent hereto
and operates the Honolulu Police Department.
16. Defendants John or Jane Does 1-25 and Doe Entities 1-25 are
sued herein under fictitious names for the reason thattheir true names and
capacities presently are unknown to Plaintiffs except that they are connected in
some manner with the named Defendants as agents,partners,officers,servants,
employees,representatives,contractors,subcontractors,assignors,assignees,and
licensees and/orin some manner presently unknown to Plaintiffs were engaged in
the activities alleged herein. The true names and capacities ofthe Doe Defendants
will be substituted as soon asthe same become known. Doe Defendants are sued
herein in both their individual and representative capacities.
FactualAlle atg ions
17. Before January 7,2012,PlaintiffChristina M.Walser Lopez,
Mr. Lopez,and their two minor children lived together as afamily in the State of
Hawaii.
18. At approximately4:10 a.m.on the morning ofJanuary7,2012,
DefendantIona arrested Mr.Lopezunder suspicion ofDriving Underthe Influence

7. Case 1:13-cv-00711-LEk ,JIK Document1 Filed 12/24/13 F ~e 7 of 16 PagelD #:7
ofan Intoxicant and DefendantPleveltransported him to the Wahiawa Police
Station.
19. During his arrest Mr.Lopezsustained a bloody gash to his
forehead for which DefendantPleveltook Mr.Lopezto Wahiawa General Hospital
from the WahiawaPolice Station at approximately 5:00 a.m.on January7,2012.
20. Mr.Lopez purportedly declined medicaltreatment at Wahiawa
General Hospital after which he was transported back to the WahiawaPolice
Station.
21. Plaintiffs are infot-med and believe and do thereupon allege that
1VI~~. Lopez was wearing a black tank top to cover his torso at the time ofhis arrest.
22. Plaintiffs are informed and believe and do thereupon allege that
Defendants did not hold Mr.Lopez with any other detainees in cell number three at
the WahiawaPolice Station.
23. Cell number three at the WahiawaPolice Station is a cell with
Plexiglas walls inside ofstandard cellblock bars,a camera directed at it,and is
located closest to and within the direct range ofvision ofa check-in desk where
Honolulu Police officers are stationed and/or traverse.
24. Mr.Lopez died from asphyxiation sometime in the early
morning ofJanuary 7,2012.
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8. Case 1:13-cv-00711-LEk _~~vIK Document1 Filed 12/24f13 F ~e 8 of 16 PagelD #:8
25. At approximately 6:30 in the morning on January 7,2012,an
Emergency Medical Technician responded to an emergency call atthe Wahiawa
Police Station for a different detainee and reported that she observed Mr.Lopez
laying on his side.
26. At approximately 7:05 in the morning on January 7,2012,
Defendant Nakasone reported that she observed Mr.Lopez sitting on the floor with
his back to the cell door and a white long-sleeved shirt wrapped around his neck.
27. Defendant Nakasonereported that Mr.Lopez was not breathing;
Mr. Lopez was subsequently pronounced dead at Wahiawa General Hospital at
approximately 7:48 a.m.
28. Plaintiffs are informed and believe and do thereupon allege that
the ligature marks on Mr.Lopez's neck did not match the white shit~t which was
found wrapped around his neck.
29. Plaintiffs are informed and believe and do thereupon allege that
the white shirt found wrapped around Mr.Lopez's neck was not his shirt and that
she had not seen him wear that shirt before.
28. The Medical Examiner's Office for Defendant City and County
ofHonolulu subsequently classified Mr.Lopez's death as a suicide.

9. Case 1:13-cv-00711-LEK _ ,~1K Document 1 Filed 12/24/13 F _ ,,e 9 of 16 PagelD #:9
30. Plaintiffs allege: a)that Mr.Lopez was murdered and did not
commit suicide,or in the alternative,that b)ifMr.Lopez did commitsuicide it was
due to Defendants'extraordinary negligence and/or reckless indifference.
32. Plaintiffs are informed and believe and do thereupon allege that
the actions ofDefendants were withoutreasonable,just,and/or probable cause.
33. As a direct and proximate result ofthe foregoing Mr.Lopez and
Plaintiffs suffered the deprivation ofMr.Lopez's life,freedom,and liberty in
amounts to be proven at trial.
34. As a direct and proximate result ofthe foregoing Mr.Lopez and
Plaintiffs suffered great physical pain and suffering,loss ofenjoyment oflife,the
loss ofconsortium and future earnings,mental anguish,emotional distress,anxiety,
embarrassment,humiliation,worry,and anger in amounts to be proven at trial.
First Cause ofAction
(42U.S.C.§ 1983)
35. Plaintiffs herebyincorporate all ofthe allegations contained in
paragraphs 1 through 34,above.
36. Plaintiffs are informed and believe and do thereupon allege that
Defendants acted and/or purported to act herein in their official capacities within
thescope oftheir employment under color ofstatutes,regulations,customs,
practices, and/or usages ofthe State ofHawaii,City and County ofHonolulu,
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10. Case 1:13-cv-00711-LEK-~ .K Document1 Filed 12/24/13 P~~,10 of 16 PagelD #:10
and/or the Honolulu Police Department when they used unnecessary and excessive
force against and/or exposed Mr.Lopezto conditions that amounted to severe
punishment resulting in his death.
37. The policy ofcondoning,ratifying,and/orfailing to punish or
prevent: a)the excessive and/or unnecessary use offorce and/orb)exposing
pretrial detainees to conditions that amountto severe punishmentby Honolulu
Police Officers are constitutionally deficient customs,policies,practices,and/or
usages thatrepudiate the constitutional rights ofpersons such as Mr.Lopezand
there is a direct causal connection between the customs,policies,practices,and/or
usages and these constitutional deprivations.
38. Asthe ChiefofPolice DefendantKealoha's failure to train,
supervise,and/or discipline Honolulu Police Department members that use
excessive force and/or expose pretrial detainees to conditions amounting to
punishment demonstrates that he personally implemented,maintained,enforced,
and/or allowed the continued use ofexcessive force and/or exposure ofpretrial
detainees to conditions amounting to severe punishment,acted with reckless and
callous indifference,and knew ofand acquiesced to such unconstitutional conduct.
39. Defendant Kealoha's supervision,training,implementation,
maintenance,enforcement,acquiescence and/or allowance ofthe continued
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11. base 1:13-cv-00711-LEK-~ ..K Document 1 Filed 12/24/13 P~,~,~ 11 of 16 PagelD #:11
operation ofthe use ofexcessive force or the exposure ofpretrial detainees to
conditions amounting to severe punishmentamountsto deliberate indifference to
the rights ofpersons who are victims ofexcessive police force and/or suffer
conditions amounting to punishment because the custom,usage,police,and/or
practice is obviously deficient,likely to cause the violation ofcitizens'
constitutional rights,and closelyrelated to the injuries suffered by Mr.Lopez and
Plaintiffs.
40. Plaintiffis informed and believes and thereupon alleges that by
the aforementioned acts and/or omissions Defendants,without anyprobable,
sufficient,just,or reasonable cause,subjected Mr.Lopezto an illegal and
unreasonable seizure andlor denied him due process oflaw in violation ofrights
guaranteed by the Fourth and Fourteenth Amendments ofthe United States
Constitution and the Constitution and laws ofthe State ofHawaii and 42U.S.C.§
1983,inter alia.
Second Cause ofAction
(Alternative to CountsI andIVNegligentTraining/Supervision)
41. Plaintiffs hereby incorporate all ofthe allegations contained in
paragraphs 1 through 34,above.
42. Plaintiffs are informed and believe and thereupon allege that
Defendants Kealoha,the City and County ofHonolulu,and John or Jane Doe
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12. Case 1:13-cv-00711-LEK-t. ..K Document 1 Filed 12/24/13 Pu,,.,12 of 16 PagelD #:12
Defendants 1-15 negligently failed and refused to properly adopt and enforce
policies,train,supervise,andlor discipline the other named Defendants when they
acted outside ofthe scope oftheir employmentto improperly and illegally assault
Mr. Lopez and/or expose him to conditions amounting to severe punishment,
thereby proximately causing the aforementioned injuries.
43. Defendants Kealoha,the City and County ofHonolulu,and
John or Jane Doe Defendants 1-15 failed in supervising,training,hiring,and
failing to discipline the othei named Defendants because Defendants Kealoha,the
City and CountyofHonolulu,and John or Jane Doe Defendants 1-15 knew or
should have known aboutthe necessity and opportunity to exercise control and to
curtail the continued operation and use ofthe excessive and/or unnecessary use of
force and the exposure ofpretrial detainees to conditions amounting to severe
punishment.
44. Defendants Kealoha and John or Jane Doe Defendants 1-15
acted with malice.
Third Cause ofAction
(Assault and Battery)
45. Plaintiffs herebyincorporate all ofthe allegations contained in
Paragraphs 1-34,above.
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13. Case 1:13-cv-00711-LEK-~. ,K Document 1 Filed 12/24/13 Pam:13 of 16 PagelD #:13
46. Certain Defendants,including but notlimited to Doe
Defendants who Plaintiffs are not presently able to specifically identify,committed
assault and battery against Mr.Lopez as evidenced bythe bloody gash to his
forehead and/or his death by asph}~iation.
47. Those Defendants acted herein knowingly,intentionally,
willfully, and/or recklessly,with deliberate indifference forthe rights,interests,
and/or well-being ofPlaintiffs and Mr.Lopez.
48. The Officer Defendants acted herein within the course and
scope oftheir employmentfor Defendant City and County ofHonolulu.
Fourth Cause ofAction
(Negligence-Alternative to Counts II and III)
49. Plaintiffs herebyincorporate all ofthe allegations contained in
Paragraphs 1 through 34,above.
50. Defendants negligentlyfailed to exercise reasonable care in
seizing,detaining,and/or monitoring Mr.Lopez,an individualin their custody and
care who they had deprived ofhis normal opportunities to protect himself,thereby
directly and proximatelycausing the injuries alleged herein.
51. Alternatively and/or in addition to paragraph 50,above,
Defendants breached their duty ofcare to Mr.Lopez as evidenced by his injuries
and/or death while he was entrusted to their custody and care and hisinjuries
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14. tease 1:13-cv-00711-LEK-~ ..K Document1 Filed 12/24/13 Pa~..14 of 16 PagelD #:14
and/or death was caused by agents and/or instruments within Defendants'sole care
and control.
52. Defendants acted with malice.
53. Defendants acted herein within the course and scope oftheir
employmentfor Defendant City and County ofHonolulu.
Fifth Cause ofAction
(NegligentInfliction ofEmotional Distress)
54. Plaintiffs hereby incorporate all ofthe allegations contained in
Paragraphs 1 through 34,above.
55. Defendants negligently caused Plaintiffand her family to suffer
severe emotional distress.
56. Defendants acted with malice.
57. Defendants acted herein within the course and scope oftheir
employmentfor Defendant City and County ofHonolulu.
Sixth Cause ofAction
(Intentional Infliction ofEmotional Distress)
58. Plaintiffs hereby incorporate all ofthe allegations contained in
Paragraphs 1 through 34,above.
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15. Case 1:13-cv-00711-LEK-~ ..K Document1 Filed 12/24/13 P«~.:15 of 16 PagelD #:15
59. The acts ofDefendants complained ofherein wereintentional
and/or reckless,outrageous,unreasonable,and withoutjust cause or excuse,
thereby causing Plaintiffs severe and extreme emotional distress.
60. Plaintiffs are informed and believe and do thereupon allege that
Defendants acted herein knowingly,intentionally,willfully,and/orrecklessly,with
deliberate indifference for the rights,interests,and/or well-being ofPlaintiffs.
Seventh Cause ofAction
(Loss ofConsortium)
61. Plaintiffs hereby incorporate all ofthe allegations above.
62. Further as a result ofthe injuries and damages to Mr.Lopez and
Plaintiffs,and as a further legal and/or proximate result ofDefendants'
aforementioned acts and/or omissions,Plaintiffs have suffered and/or will suffer
various economic,special,general and non-economic damages to be proven at
time oftrial including but not loss ofconsortium and protection,loss of
companionship and affection,mental and emotional distress,pain and suffering to
be proven atthe time oftrial.
WHERFORE,Plaintiffs pray for reliefas follows:
1. For special damages,including consequential damages,in
amounts to be proven at trial;
2. For general damages according to the proofthereofat trial;
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3. For reimbursement ofPlaintiffs'costs and expenses herein,
including reasonable provision for her attorneys'fees;
4. For punitive damages againstthe Defendants in their individual
capacities;and
5. For such further and additional reliefas the Court deems
appropriate andjust.
DATED:Honolulu,Hawaii, (yl~'-~~~~
MYLES S.BREWER
LANIA.NAKAMURA
Attorneys for Plaintiffs
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